house bill 32mgaleg.maryland.gov/2021rs/bills/hb/hb0032f.pdfhouse bill 32 3 1 by repealing and...

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.

*hb0032*

HOUSE BILL 32 E1, E4, J1 1lr1276

(PRE–FILED)

By: Delegate J. Lewis

Requested: October 29, 2020

Introduced and read first time: January 13, 2021

Assigned to: Judiciary and Health and Government Operations

A BILL ENTITLED

AN ACT concerning 1

Cannabis – Legalization and Regulation 2

(Inclusion, Restoration, and Rehabilitation Act of 2021) 3

FOR the purpose of substituting the term “cannabis” for the term “marijuana” in certain 4

provisions of law; altering a certain quantity threshold and establishing a certain 5

age limit applicable to a certain civil offense of use or possession of cannabis; 6

establishing a civil offense for use or possession of a certain amount of cannabis for 7

a person of at least a certain age; establishing a civil offense for cultivating cannabis 8

plants in a certain manner; establishing a civil and a criminal offense for 9

manufacturing or selling certain cannabis accessories that violate certain 10

regulations under certain circumstances; prohibiting an individual from knowingly 11

and willfully making a certain misrepresentation or false statement to a certain 12

person for a certain purpose; prohibiting an individual from obtaining or attempting 13

to obtain cannabis in a certain manner for consumption by a certain individual; 14

prohibiting a person from furnishing cannabis or certain cannabis accessories to an 15

individual under certain circumstances; providing for the expungement of certain 16

records relating to certain charges of possession of cannabis; providing for the 17

disposition and expungement of certain charges relating to possession, cultivation, 18

processing, or sale of cannabis; providing for a certain application for resentencing; 19

establishing an Office of Social Equity within the Alcohol and Tobacco Commission; 20

requiring the Governor to appoint an executive director of the Office; requiring that 21

the executive director have certain experience; specifying the duties of the Office; 22

establishing the Social Equity Start–Up Fund, the Cannabis Education and Training 23

Fund, the Community Reinvestment and Repair Fund, and the Cannabis Regulation 24

Fund; specifying the purposes of the funds; requiring the Office or the Commission 25

to administer certain funds; requiring the State Treasurer to hold the funds and the 26

Comptroller to account for the funds; specifying the contents of the funds; specifying 27

the purposes for which and the manner in which money in the funds may be used; 28

providing for the investment of money in and expenditures from the funds; providing 29

that the funds are subject to audit by a certain office; establishing certain duties and 30

2 HOUSE BILL 32

powers of the Commission in relation to the use of certain funds; authorizing certain 1

education programs to use hemp instead of cannabis for certain training; requiring 2

the Commission and the Office to adopt certain regulations; authorizing the 3

Commission to issue certain dual licenses only for certain types of licenses and 4

locations; requiring the Commission to develop a certain label, handout, or both after 5

consulting with certain researchers; requiring that certain materials be available to 6

each consumer; requiring the Commission to review and update certain materials at 7

certain intervals and in a certain manner for a certain purpose; prohibiting the 8

Commission from requiring a consumer to provide or a retailer to acquire certain 9

information; providing for the licensing of cannabis establishments, including 10

certain dual licensing; establishing certain powers and duties of and prohibitions on 11

the Commission regarding the licensing of cannabis establishments; establishing the 12

terms of certain licenses; prohibiting a person from holding certain interest, directly 13

or indirectly, in more than a certain number of cultivators or a certain number of 14

retailers; prohibiting a cultivator from producing certain products except under 15

certain circumstances; establishing certain licensing fees; requiring that certain 16

licensing fees be credited to a certain fund; establishing certain requirements for 17

qualification for a dual license; authorizing an applicant for a certain license to apply 18

for conditional approval under certain circumstances; authorizing an on–site 19

consumption establishment to operate only if a certain local regulatory authority 20

issued a certain permit or license; authorizing a locality to prohibit the operation of 21

certain cannabis establishments in a certain manner under certain circumstances; 22

requiring that a person seeking licensure as a cannabis establishment meet certain 23

requirements; prohibiting a locality from negotiating or entering into a certain 24

agreement with a cannabis establishment or cannabis establishment applicant; 25

establishing that certain acts relating to cannabis are not unlawful and are not a 26

criminal or civil offense under State law or the law of any political subdivision of the 27

State or a basis for seizure or forfeiture of assets under State law; establishing that 28

certain acts are not a violation of certain conditions of parole or probation under 29

certain circumstances; establishing certain criminal and civil immunities and 30

protections for a person who engages in conduct permitted under this Act; clarifying 31

that a provision of law is included in this Act to satisfy a certain federal requirement; 32

prohibiting a certain law enforcement officer from expending certain resources to 33

take certain actions on a certain basis if the officer has reason to believe that certain 34

activity is in compliance with this Act; requiring the interest earnings of certain 35

funds to be credited to the funds; exempting certain funds from a certain provision 36

of law requiring interest earnings on State money to accrue to the General Fund of 37

the State; imposing a certain excise tax on the sale or transfer of cannabis from a 38

certain cannabis establishment to a consumer; providing that sales of cannabis by a 39

cannabis establishment to a consumer are subject to a certain sales and use tax; 40

authorizing a political subdivision to impose a sales tax not exceeding a certain 41

amount on sales of cannabis and cannabis products to certain consumers, subject to 42

a certain exception; requiring that certain revenues be distributed in a certain 43

manner; authorizing a certain deduction from State taxes; providing certain 44

penalties for violating certain provisions of this Act; providing for the application of 45

certain provisions of this Act; defining certain terms; making conforming changes; 46

and generally relating to cannabis. 47

HOUSE BILL 32 3

BY repealing and reenacting, without amendments, 1

Article – Criminal Law 2

Section 5–101(a) 3

Annotated Code of Maryland 4

(2012 Replacement Volume and 2020 Supplement) 5

BY adding to 6


Section 5–101(e–1) and (t), 5–601.2, 5–601.3, 5–629, and 5–630 8



BY repealing and reenacting, with amendments, 11


Section 5–101(p), (s), and (t), 5–601(a), (c), and (d), 5–601.1, 5–612, 5–614, 5–619(c), 13

5–620, 10–113, 10–116, and 10–117 14



BY repealing 17


Section 5–101(r) 19



BY adding to 22

Article – Criminal Procedure 23

Section 10–105.1 and 10–105.2 24



BY adding to 27

Article – Health – General 28

Section 23–101 through 23–702 to be under the new title “Title 23. Cannabis” 29



BY repealing and reenacting, without amendments, 32

Article – State Finance and Procurement 33

Section 6–226(a)(2)(i) 34



BY repealing and reenacting, with amendments, 37


Section 6–226(a)(2)(ii)122. and 123. 39

4 HOUSE BILL 32



BY adding to 3


Section 6–226(a)(2)(ii)124. through 127. 5



BY adding to 8

Article – Tax – General 9

Section 12.5–101 through 12.5–104 to be under the new title “Title 12.5. Cannabis 10

Tax” 11



SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14

That the Laws of Maryland read as follows: 15


5–101. 17

(a) In this title the following words have the meanings indicated. 18

(E–1) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 19

PART OF THE PLANT, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, 20

ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, WHETHER GROWING OR NOT, WITH 21

A DELTA–9 TETRAHYDROCANNABINOL CONCENTRATION GREATER THAN 0.3% ON A 22

DRY WEIGHT BASIS. 23

(2) “CANNABIS” DOES NOT INCLUDE HEMP AS DEFINED IN § 14–101 24

OF THE AGRICULTURE ARTICLE. 25

(p) (1) “Drug paraphernalia” means equipment, a product, or material that is 26

used, intended for use, or designed for use, in: 27

(i) planting, propagating, cultivating, growing, harvesting, 28

manufacturing, compounding, converting, producing, processing, preparing, packaging, 29

repackaging, storing, containing, or concealing a controlled dangerous substance in 30

violation of this title; or 31

(ii) injecting, ingesting, inhaling, or otherwise introducing into the 32

human body a controlled dangerous substance in violation of this title. 33

(2) “Drug paraphernalia” includes: 34

HOUSE BILL 32 5

(i) a kit used, intended for use, or designed for use in planting, 1

propagating, cultivating, growing, or harvesting any species of plant that is a controlled 2

dangerous substance OTHER THAN CANNABIS or from which a controlled dangerous 3

substance can be derived; 4

(ii) a kit used, intended for use, or designed for use in 5

manufacturing, compounding, converting, producing, processing, or preparing a controlled 6

dangerous substance OTHER THAN CANNABIS; 7

(iii) an isomerization device used, intended for use, or designed for 8

use in increasing the potency of any species of plant that is a controlled dangerous 9

substance OTHER THAN CANNABIS; 10

(iv) testing equipment used, intended for use, or designed for use in 11

analyzing the strength, effectiveness, or purity of a controlled dangerous substance OTHER 12

THAN CANNABIS; 13

(v) a scale or balance used, intended for use, or designed for use in 14

weighing or measuring a controlled dangerous substance OTHER THAN CANNABIS; 15

(vi) a diluent or adulterant, such as quinine hydrochloride, mannitol, 16

mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting a 17

controlled dangerous substance OTHER THAN CANNABIS; 18

(vii) a separation gin or sifter used, intended for use, or designed for 19

use in removing twigs and seeds from, or in otherwise cleaning or refining, [marijuana] A 20

CONTROLLED DANGEROUS SUBSTANCE OTHER THAN CANNABIS; 21

(viii) a blender, bowl, container, spoon, or mixing device used, 22

intended for use, or designed for use in compounding a controlled dangerous substance 23

OTHER THAN CANNABIS; 24

(ix) a capsule, balloon, envelope, or other container used, intended 25

for use, or designed for use in packaging small quantities of a controlled dangerous 26

substance OTHER THAN CANNABIS; 27

(x) a container or other object used, intended for use, or designed for 28

use in storing or concealing a controlled dangerous substance OTHER THAN CANNABIS; 29

(xi) a hypodermic syringe, needle, or other object used, intended for 30

use, or designed for use in parenterally injecting a controlled dangerous substance into the 31

human body; and 32

(xii) an object used, intended for use, or designed for use in ingesting, 33

inhaling, or otherwise introducing [marijuana,] cocaine[, hashish, or hashish oil] into the 34

6 HOUSE BILL 32

human body [such as: 1

1. a metal, wooden, acrylic, glass, stone, plastic, or ceramic 2

pipe with or without screen, permanent screen, hashish head, or punctured metal bowl; 3

2. a water pipe; 4

3. a carburetion tube or device; 5

4. a smoking or carburetion mask; 6

5. an object known as a roach clip used to hold burning 7

material, such as a marijuana cigarette that has become too small or too short to be held in 8

the hand; 9

6. a miniature spoon used for cocaine and cocaine vials; 10

7. a chamber pipe; 11

8. a carburetor pipe; 12

9. an electric pipe; 13

10. an air–driven pipe; 14

11. a chillum; 15

12. a bong; and 16

13. an ice pipe or chiller]. 17

(3) “DRUG PARAPHERNALIA” DOES NOT INCLUDE CANNABIS 18

ACCESSORIES AS DEFINED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 19

[(r) (1) “Marijuana” means: 20

(i) all parts of any plant of the genus Cannabis, whether or not the 21

plant is growing; 22

(ii) the seeds of the plant; 23

(iii) the resin extracted from the plant; and 24

(iv) each compound, manufactured product, salt, derivative, mixture, 25

or preparation of the plant, its seeds, or its resin. 26

(2) “Marijuana” does not include: 27

HOUSE BILL 32 7

(i) the mature stalks of the plant; 1

(ii) fiber produced from the mature stalks; 2

(iii) oil or cake made from the seeds of the plant; 3

(iv) except for resin, any other compound, manufactured product, 4

salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; 5

(v) the sterilized seed of the plant that is incapable of germination; 6

or 7

(vi) hemp as defined in § 14–101 of the Agriculture Article.] 8

[(s)] (R) (1) “Narcotic drug” means a substance: 9

(i) that has been found to present an extreme danger to the health 10

and welfare of the community because of addiction–forming and addiction–sustaining 11

qualities; 12

(ii) that is: 13

1. an opiate; 14

2. a compound, manufactured substance, salt, derivative, or 15

preparation of opium, coca leaf, or an opiate; or 16

3. a substance and any compound, manufactured substance, 17

salt, derivative, or preparation that is chemically identical with a substance listed in items 18

1 and 2 of this item; and 19

(iii) that is produced: 20

1. directly or indirectly by extraction from substances of 21

vegetable origin; 22

2. independently by chemical synthesis; or 23

3. by a combination of extraction and chemical synthesis. 24

(2) “Narcotic drug” includes decocainized coca leaf or an extract of coca leaf 25

that does not contain cocaine or ecgonine. 26

[(t)] (S) “Noncontrolled substance” means a substance that is not classified as a 27 controlled dangerous substance under Subtitle 4 of this title. 28

8 HOUSE BILL 32

(T) “PERSONAL USE AMOUNT” MEANS: 1

(1) (I) AN AMOUNT OF CANNABIS THAT DOES NOT EXCEED 2 2

OUNCES; 3

(II) AN AMOUNT OF CONCENTRATED CANNABIS THAT DOES NOT 4

EXCEED 15 GRAMS; 5

(III) AN AMOUNT OF CANNABIS PRODUCTS CONTAINING 6

DELTA–9 TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 1,500 MILLIGRAMS; 7

OR 8

(IV) SIX OR FEWER CANNABIS PLANTS; OR 9

(2) ANY ADDITIONAL CANNABIS PRODUCED BY A PERSON’S CANNABIS 10

PLANT OR PLANTS, IF THE AMOUNT OF CANNABIS IN EXCESS OF THE AMOUNT LISTED 11

IN ITEM (1)(I), (II), OR (III) OF THIS SUBSECTION IS PROCESSED IN A LOCATION: 12

(I) WHERE THE PLANT OR PLANTS WERE CULTIVATED; AND 13

(II) THAT IS SECURE FROM UNAUTHORIZED ACCESS AND 14

ACCESS BY A PERSON WHO IS UNDER THE AGE OF 21 YEARS. 15

5–601. 16

(a) Except as otherwise provided in this title, a person may not: 17

(1) possess or administer to another a controlled dangerous substance, 18

unless: 19

(I) obtained directly or by prescription or order from an authorized 20

provider acting in the course of professional practice; [or] 21

(II) THE CONTROLLED DANGEROUS SUBSTANCE IS CANNABIS, 22

THE INDIVIDUAL IS 21 YEARS OF AGE OR OLDER, AND THE AMOUNT POSSESSED DOES 23

NOT EXCEED A PERSONAL USE AMOUNT; OR 24

(III) THE CONTROLLED DANGEROUS SUBSTANCE IS CANNABIS 25

AND POSSESSION IS LEGAL UNDER TITLE 13, SUBTITLE 33 OR TITLE 23 OF THE 26

HEALTH – GENERAL ARTICLE; OR 27

(2) obtain or attempt to obtain a controlled dangerous substance, or 28

procure or attempt to procure the administration of a controlled dangerous substance by: 29

HOUSE BILL 32 9

(i) fraud, deceit, misrepresentation, or subterfuge; 1

(ii) the counterfeiting or alteration of a prescription or a written 2

order; 3

(iii) the concealment of a material fact; 4

(iv) the use of a false name or address; 5

(v) falsely assuming the title of or representing to be a 6

manufacturer, distributor, or authorized provider; or 7

(vi) making, issuing, or presenting a false or counterfeit prescription 8

or written order. 9

(c) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a 10

person who violates this section is guilty of a misdemeanor and on conviction is subject to: 11

(i) for a first conviction, imprisonment not exceeding 1 year or a fine 12

not exceeding $5,000 or both; 13

(ii) for a second or third conviction, imprisonment not exceeding 18 14

months or a fine not exceeding $5,000 or both; or 15

(iii) for a fourth or subsequent conviction, imprisonment not 16

exceeding 2 years or a fine not exceeding $5,000 or both. 17

(2) (i) Except as provided in [subparagraph (ii)] SUBPARAGRAPHS (II) 18

AND (III) of this paragraph AND TITLE 23 OF THE HEALTH – GENERAL ARTICLE, a 19

person whose violation of this section involves the use or possession of [marijuana] 20

CANNABIS is guilty of [a] THE misdemeanor of possession of [marijuana] CANNABIS and 21 is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both. 22

(ii) 1. A. A first finding of guilt under this section involving 23

the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABIS NOT 24

EXCEEDING THE PERSONAL USE AMOUNT BY AN INDIVIDUAL UNDER THE AGE OF 21 25

YEARS is a civil offense punishable by a fine not exceeding $100. 26

B. A PERSON WHO IS FOUND RESPONSIBLE FOR A CIVIL 27

OFFENSE UNDER THIS SUBSUBPARAGRAPH MAY REQUEST, AND SHALL BE GRANTED, 28

A PENALTY OF UP TO 6 HOURS OF COMMUNITY SERVICE IN LIEU OF A FINE. 29

2. A. A second finding of guilt under this section 30

involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 31

CANNABIS NOT EXCEEDING THE PERSONAL USE AMOUNT BY AN INDIVIDUAL UNDER 32

THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $250. 33

10 HOUSE BILL 32




3. A. A third or subsequent finding of guilt under this 4

section involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT 5

OF CANNABIS NOT EXCEEDING THE PERSONAL USE AMOUNT BY AN INDIVIDUAL 6

UNDER THE AGE OF 21 YEARS is a civil offense punishable by a fine not exceeding $500. 7




4. A. In addition to a fine, a court shall order a person 11

under the age of 21 years who commits a violation punishable under subsubparagraph 1, 12

2, or 3 of this subparagraph to attend a drug education program approved by the Maryland 13

Department of Health, refer the person to an assessment for substance abuse disorder, and 14

refer the person to substance abuse treatment, if necessary. 15

B. [In addition to a fine, a court shall order a person at least 16 21 years old who commits a violation punishable under subsubparagraph 3 of this 17

subparagraph to attend a drug education program approved by the Maryland Department 18

of Health, refer the person to an assessment for substance abuse disorder, and refer the 19

person to substance abuse treatment, if necessary. 20

C.] A court that orders a person to a drug education program 21 or substance abuse assessment or treatment under this subsubparagraph may hold the 22

case sub curia pending receipt of proof of completion of the program, assessment, or 23

treatment. 24

(III) 1. A VIOLATION OF THIS SECTION INVOLVING A PERSON 25

AT LEAST 21 YEARS OLD POSSESSING CANNABIS IN AN AMOUNT GREATER THAN THE 26

PERSONAL USE AMOUNT BUT NOT EXCEEDING DOUBLE THE PERSONAL USE AMOUNT 27

IS A CIVIL OFFENSE PUNISHABLE BY A FINE NOT EXCEEDING $250. 28

2. A PERSON WHO IS FOUND RESPONSIBLE FOR A CIVIL 29

OFFENSE UNDER THIS SUBPARAGRAPH MAY REQUEST, AND SHALL BE GRANTED, A 30

PENALTY OF UP TO 16 HOURS OF COMMUNITY SERVICE IN LIEU OF A FINE. 31

(3) (i) 1. In this paragraph the following words have the meanings 32

indicated. 33

2. “Bona fide physician–patient relationship” means a 34

relationship in which the physician has ongoing responsibility for the assessment, care, and 35

HOUSE BILL 32 11

treatment of a patient’s medical condition. 1

3. “Caregiver” means an individual designated by a patient 2

with a debilitating medical condition to provide physical or medical assistance to the 3

patient, including assisting with the medical use of [marijuana] CANNABIS, who: 4

A. is a resident of the State; 5

B. is at least 21 years old; 6

C. is an immediate family member, a spouse, or a domestic 7

partner of the patient; 8

D. has not been convicted of a crime of violence as defined in 9

§ 14–101 of this article; 10

E. has not been convicted of a violation of a State or federal 11

controlled dangerous substances law; 12

F. has not been convicted of a crime of moral turpitude; 13

G. has been designated as caregiver by the patient in writing 14

that has been placed in the patient’s medical record prior to arrest; 15

H. is the only individual designated by the patient to serve as 16

caregiver; and 17

I. is not serving as caregiver for any other patient. 18

4. “Debilitating medical condition” means a chronic or 19

debilitating disease or medical condition or the treatment of a chronic or debilitating 20

disease or medical condition that produces one or more of the following, as documented by 21

a physician with whom the patient has a bona fide physician–patient relationship: 22

A. cachexia or wasting syndrome; 23

B. severe or chronic pain; 24

C. severe nausea; 25

D. seizures; 26

E. severe and persistent muscle spasms; or 27

F. any other condition that is severe and resistant to 28

conventional medicine. 29

12 HOUSE BILL 32

(ii) 1. In a prosecution for the use or possession of [marijuana] 1

CANNABIS, the defendant may introduce and the court shall consider as a mitigating factor 2

any evidence of medical necessity. 3

2. Notwithstanding paragraph (2) of this subsection, if the 4

court finds that the person used or possessed [marijuana] CANNABIS because of medical 5 necessity, the court shall dismiss the charge. 6

(iii) 1. In a prosecution for the use or possession of [marijuana] 7

CANNABIS under this section, it is an affirmative defense that the defendant used or 8

possessed [marijuana] CANNABIS because: 9

A. the defendant has a debilitating medical condition that 10

has been diagnosed by a physician with whom the defendant has a bona fide physician–11

patient relationship; 12

B. the debilitating medical condition is severe and resistant 13

to conventional medicine; and 14

C. [marijuana] CANNABIS is likely to provide the defendant 15 with therapeutic or palliative relief from the debilitating medical condition. 16

2. A. In a prosecution for the possession of [marijuana] 17

CANNABIS under this section, it is an affirmative defense that the defendant possessed 18

[marijuana] CANNABIS because the [marijuana] CANNABIS was intended for medical use 19 by an individual with a debilitating medical condition for whom the defendant is a 20

caregiver. 21

B. A defendant may not assert the affirmative defense under 22

this subsubparagraph unless the defendant notifies the State’s Attorney of the defendant’s 23

intention to assert the affirmative defense and provides the State’s Attorney with all 24

documentation in support of the affirmative defense in accordance with the rules of 25

discovery provided in Maryland Rules 4–262 and 4–263. 26

3. An affirmative defense under this subparagraph may not 27

be used if the defendant was: 28

A. using [marijuana] CANNABIS in a public place or 29

assisting the individual for whom the defendant is a caregiver in using the [marijuana] 30

CANNABIS in a public place; or 31

B. in possession of more than 1 ounce of [marijuana] 32

CANNABIS. 33

[(4) A violation of this section involving the smoking of marijuana in a 34

public place is a civil offense punishable by a fine not exceeding $500.] 35

HOUSE BILL 32 13

(d) The provisions of subsection (c)(2)(ii) of this section making the possession of 1

[marijuana] CANNABIS a civil offense FOR INDIVIDUALS UNDER THE AGE OF 21 YEARS 2

AND THE PROVISIONS OF TITLE 23 OF THE HEALTH – GENERAL ARTICLE MAKING 3

THE POSSESSION OF CANNABIS LEGAL FOR INDIVIDUALS 21 YEARS OF AGE OR 4

OLDER may not be construed to affect the laws relating to[: 5

(1)] operating a vehicle or vessel while under the influence of or while 6

impaired by a controlled dangerous substance[; or 7

(2) seizure and forfeiture]. 8

5–601.1. 9

(a) A police officer shall issue a citation to a person who the police officer has 10

probable cause to believe has committed a violation of § 5–601 of this part involving the use 11

or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABIS NOT 12

EXCEEDING DOUBLE THE PERSONAL USE AMOUNT. 13

(b) (1) A violation of § 5–601 of this part involving the use or possession of [less 14

than 10 grams of marijuana] AN AMOUNT OF CANNABIS NOT EXCEEDING DOUBLE THE 15

PERSONAL USE AMOUNT is a civil offense. 16

(2) Adjudication of a violation under § 5–601 of this part involving the use 17


EXCEEDING DOUBLE THE PERSONAL USE AMOUNT: 19

(i) is not a criminal conviction for any purpose; and 20

(ii) does not impose any of the civil disabilities that may result from 21

a criminal conviction. 22

(c) (1) A citation issued for a violation of § 5–601 of this part involving the use 23


EXCEEDING DOUBLE THE PERSONAL USE AMOUNT shall be signed by the police officer 25

who issues the citation and shall contain: 26

(i) the name, address, and date of birth of the person charged; 27

(ii) the date and time that the violation occurred; 28

(iii) the location at which the violation occurred; 29

(iv) the fine OR AMOUNT OF COMMUNITY SERVICE that may be 30

imposed; 31

14 HOUSE BILL 32

(v) a notice stating that prepayment of the fine is allowed, except as 1

provided in paragraph (2) of this subsection; and 2

(vi) a notice in boldface type that states that the person shall: 3

1. pay the full amount of the preset fine; [or] 4

2. REQUEST COMMUNITY SERVICE IN LIEU OF THE FINE; 5

OR 6

3. request a trial date at the date, time, and place established 7 by the District Court by writ or trial notice. 8

(2) [(i)] If a citation for a violation of § 5–601 of this part involving the 9

use or possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABIS NOT 10

EXCEEDING DOUBLE THE PERSONAL USE AMOUNT is issued to a person under the age 11

of 21 years, the court shall summon the person for trial. 12

[(ii) If the court finds that a person at least 21 years old who has been 13 issued a citation under this section has at least twice previously been found guilty under § 14

5–601 of this part involving the use or possession of less than 10 grams of marijuana, the 15

court shall summon the person for trial.] 16

(d) The form of the citation shall be uniform throughout the State and shall be 17

prescribed by the District Court. 18

(e) (1) The Chief Judge of the District Court shall establish a schedule for the 19

prepayment of the fine AND PROCEDURES FOR INDIVIDUALS TO REQUEST AND BE 20

GRANTED COMMUNITY SERVICE IN LIEU OF A FINE. 21

(2) Prepayment of a fine OR ACCEPTANCE OF COMMUNITY SERVICE IN 22

LIEU OF A FINE shall be considered a plea of guilty to a Code violation. 23

(3) A person described in subsection (c)(2) of this section may not prepay 24

the fine. 25

(f) (1) A person may request a trial by sending a request for trial to the District 26

Court in the jurisdiction where the citation was issued within 30 days of the issuance of the 27

citation. 28

(2) If a person other than a person described in subsection (c)(2) of this 29

section does not request a trial [or], prepay the fine, OR REQUEST COMMUNITY SERVICE 30

IN LIEU OF A FINE within 30 days of the issuance of the citation, the court may impose the 31

maximum fine and costs against the person and find the person is guilty of a Code violation 32

for purposes of subsection (c)(2)(ii) of this section. 33

HOUSE BILL 32 15

(g) The issuing jurisdiction shall forward a copy of the citation and a request for 1

trial to the District Court in the district having venue. 2

(h) (1) The failure of a defendant to respond to a summons described in 3

subsection (c)(2) of this section shall be governed by § 5–212 of the Criminal Procedure 4

Article. 5

(2) If a person at least 21 years old fails to appear after having requested 6

a trial, the court may impose the maximum fine OR COMMUNITY SERVICE and costs 7

against the person and find the person is guilty of a Code violation [for purposes of 8

subsection (c)(2)(ii) of this section]. 9

(i) In any proceeding for a Code violation under § 5–601 of this part involving the 10


EXCEEDING DOUBLE THE PERSONAL USE AMOUNT: 12

(1) the State has the burden to prove the guilt of the defendant by a 13

preponderance of the evidence; 14

(2) the court shall apply the evidentiary standards as prescribed by law or 15

rule for the trial of a criminal case; 16

(3) the court shall ensure that the defendant has received a copy of the 17

charges against the defendant and that the defendant understands those charges; 18

(4) the defendant is entitled to cross–examine all witnesses who appear 19

against the defendant, to produce evidence or witnesses on behalf of the defendant, and to 20

testify on the defendant’s own behalf, if the defendant chooses to do so; 21

(5) the defendant is entitled to be represented by counsel of the defendant’s 22

choice and at the expense of the defendant; and 23

(6) the defendant may enter a plea of guilty or not guilty, and the verdict 24

of the court in the case shall be: 25

(i) guilty of a Code violation; 26

(ii) not guilty of a Code violation; or 27

(iii) probation before judgment, imposed by the court in the same 28

manner and to the same extent as is allowed by law in the trial of a criminal case. 29

(j) (1) The defendant is liable for the costs of the proceedings in the District 30

Court. 31

(2) The court costs in a Code violation case under § 5–601 of this part 32

16 HOUSE BILL 32

involving the use or possession of [less than 10 grams of marijuana] AN AMOUNT OF 1

CANNABIS NOT EXCEEDING DOUBLE THE PERSONAL USE AMOUNT in which costs are 2

imposed are $5. 3

(k) (1) The State’s Attorney for any county may prosecute a Code violation 4

under § 5–601 of this part involving the use or possession of [less than 10 grams of 5

marijuana] AN AMOUNT OF CANNABIS NOT EXCEEDING DOUBLE THE PERSONAL USE 6

AMOUNT in the same manner as prosecution of a violation of the criminal laws of the State. 7

(2) In a Code violation case under § 5–601 of this part involving the use or 8

possession of [less than 10 grams of marijuana] AN AMOUNT OF CANNABIS NOT 9

EXCEEDING DOUBLE THE PERSONAL USE AMOUNT, the State’s Attorney may: 10

(i) enter a nolle prosequi or move to place the case on the stet docket; 11

and 12

(ii) exercise authority in the same manner as prescribed by law for 13

violation of the criminal laws of the State. 14

(l) A person issued a citation for a violation of § 5–601 of this part involving the 15


EXCEEDING DOUBLE THE PERSONAL USE AMOUNT who is under the age of 18 years 17

shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the 18

Courts Article. 19

(m) A citation for a violation of § 5–601 of this part involving the use or possession 20

of [less than 10 grams of marijuana] AN AMOUNT OF CANNABIS NOT EXCEEDING 21

DOUBLE THE PERSONAL USE AMOUNT and the official record of a court regarding the 22

citation are not subject to public inspection and may not be included on the public website 23

maintained by the Maryland Judiciary if: 24

(1) the defendant has prepaid the fine OR PERFORMED THE COMMUNITY 25

SERVICE; 26

(2) the defendant has pled guilty to or been found guilty of the Code 27

violation and has fully paid the fine OR PERFORMED THE COMMUNITY SERVICE and 28

PAID THE costs imposed for the violation; 29

(3) the defendant has received a probation before judgment and has fully 30

paid the fine OR PERFORMED THE COMMUNITY SERVICE and completed any terms 31

imposed by the court; 32

(4) the case has been removed from the stet docket after the defendant fully 33

paid the fine and completed any terms imposed by the court; 34

(5) the State has entered a nolle prosequi; 35

HOUSE BILL 32 17

(6) the defendant has been found not guilty of the charge; or 1

(7) the charge has been dismissed. 2

5–601.2. 3

(A) A PERSON MAY NOT SMOKE CANNABIS IN A PUBLIC PLACE, AS DEFINED 4

IN § 23–101 OF THE HEALTH – GENERAL ARTICLE. 5

(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CIVIL 6

OFFENSE PUNISHABLE BY A FINE NOT EXCEEDING $50. 7

(2) A PERSON WHO IS FOUND RESPONSIBLE FOR A CIVIL OFFENSE 8

UNDER THIS SECTION MAY REQUEST, AND SHALL BE GRANTED, A PENALTY OF UP TO 9

5 HOURS OF COMMUNITY SERVICE IN LIEU OF A FINE. 10

(C) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 11

POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED A VIOLATION 12

OF THIS SECTION. 13

(D) (1) A VIOLATION OF THIS SECTION IS A CIVIL OFFENSE. 14

(2) ADJUDICATION OF A VIOLATION UNDER THIS SECTION: 15

(I) IS NOT A CRIMINAL CONVICTION FOR ANY PURPOSE; AND 16

(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABILITIES THAT 17

MAY RESULT FROM A CRIMINAL CONVICTION. 18

(E) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 19

SIGNED BY THE POLICE OFFICER WHO ISSUES THE CITATION AND SHALL CONTAIN: 20

(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 21

CHARGED; 22

(II) THE DATE AND TIME THAT THE VIOLATION OCCURRED; 23

(III) THE LOCATION AT WHICH THE VIOLATION OCCURRED; 24

(IV) THE FINE OR AMOUNT OF COMMUNITY SERVICE THAT MAY 25

BE IMPOSED; 26

(V) A NOTICE STATING THAT PREPAYMENT OF THE FINE IS 27

18 HOUSE BILL 32

ALLOWED, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION; AND 1

(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THAT THE 2

PERSON SHALL: 3

1. PAY THE FULL AMOUNT OF THE PRESET FINE; 4


OR 6

3. REQUEST A TRIAL AT THE DATE, TIME, AND PLACE 7

ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIAL NOTICE. 8

(2) IF A CITATION FOR A VIOLATION OF THIS SECTION IS ISSUED TO A 9

PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMMON THE PERSON 10

FOR TRIAL. 11

(F) THE FORM OF THE CITATION SHALL BE UNIFORM THROUGHOUT THE 12

STATE AND SHALL BE PRESCRIBED BY THE DISTRICT COURT. 13

(G) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 14

SCHEDULE FOR THE PREPAYMENT OF THE FINE AND PROCEDURES FOR 15

INDIVIDUALS TO REQUEST AND BE GRANTED COMMUNITY SERVICE IN LIEU OF A 16

FINE. 17

(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COMMUNITY 18

SERVICE IN LIEU OF A FINE SHALL BE CONSIDERED A PLEA OF GUILTY TO A CODE 19

VIOLATION. 20

(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 21

FINE. 22

(H) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A REQUEST FOR 23

TRIAL TO THE DISTRICT COURT IN THE JURISDICTION WHERE THE CITATION WAS 24

ISSUED WITHIN 30 DAYS AFTER THE ISSUANCE OF THE CITATION. 25

(2) IF A PERSON DOES NOT REQUEST A TRIAL, PREPAY THE FINE, OR 26

REQUEST COMMUNITY SERVICE IN LIEU OF A FINE WITHIN 30 DAYS AFTER THE 27

ISSUANCE OF THE CITATION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 28

COMMUNITY SERVICE AND COSTS AGAINST THE PERSON AND FIND THE PERSON 29

GUILTY OF A CODE VIOLATION. 30

(I) THE ISSUING JURISDICTION SHALL FORWARD A COPY OF THE CITATION 31

HOUSE BILL 32 19

AND A REQUEST FOR TRIAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 1

VENUE. 2

(J) (1) THE FAILURE OF A DEFENDANT TO RESPOND TO A SUMMONS 3

DESCRIBED IN SUBSECTION (E)(2) OF THIS SECTION SHALL BE GOVERNED BY § 4

5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 5

(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO APPEAR AFTER 6

HAVING REQUESTED A TRIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 7



(K) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 10

(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT OF THE 11

DEFENDANT BY A PREPONDERANCE OF THE EVIDENCE; 12

(2) THE COURT SHALL APPLY THE EVIDENTIARY STANDARDS AS 13

PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF A CRIMINAL CASE; 14

(3) THE COURT SHALL ENSURE THAT THE DEFENDANT HAS RECEIVED 15

A COPY OF THE CHARGES AGAINST THE DEFENDANT AND THAT THE DEFENDANT 16

UNDERSTANDS THOSE CHARGES; 17

(4) THE DEFENDANT IS ENTITLED TO CROSS–EXAMINE ALL 18

WITNESSES WHO APPEAR AGAINST THE DEFENDANT, TO PRODUCE EVIDENCE OR 19

WITNESSES ON BEHALF OF THE DEFENDANT, AND TO TESTIFY ON THE DEFENDANT’S 20

OWN BEHALF, IF THE DEFENDANT CHOOSES TO DO SO; 21

(5) THE DEFENDANT IS ENTITLED TO BE REPRESENTED BY COUNSEL 22

OF THE DEFENDANT’S CHOICE AND AT THE EXPENSE OF THE DEFENDANT; AND 23

(6) THE DEFENDANT MAY ENTER A PLEA OF GUILTY OR NOT GUILTY, 24

AND THE VERDICT OF THE COURT IN THE CASE SHALL BE: 25

(I) GUILTY OF A CODE VIOLATION; 26

(II) NOT GUILTY OF A CODE VIOLATION; OR 27

(III) PROBATION BEFORE JUDGMENT, IMPOSED BY THE COURT 28

IN THE SAME MANNER AND TO THE SAME EXTENT AS IS ALLOWED BY LAW IN THE 29

TRIAL OF A CRIMINAL CASE. 30

20 HOUSE BILL 32

(L) (1) THE DEFENDANT IS LIABLE FOR THE COSTS OF THE 1

PROCEEDINGS IN THE DISTRICT COURT. 2

(2) THE COURT COSTS IN A CODE VIOLATION CASE UNDER THIS 3

SECTION IN WHICH COSTS ARE IMPOSED ARE $5. 4

(M) (1) THE STATE’S ATTORNEY FOR ANY COUNTY MAY PROSECUTE A 5

CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSECUTION 6

FOR A VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 7

(2) IN A CODE VIOLATION CASE UNDER THIS SECTION, THE STATE’S 8

ATTORNEY MAY: 9

(I) ENTER A NOLLE PROSEQUI OR MOVE TO PLACE THE CASE ON 10

THE STET DOCKET; AND 11

(II) EXERCISE AUTHORITY IN THE SAME MANNER AS 12

PRESCRIBED BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 13

(N) A PERSON ISSUED A CITATION FOR A VIOLATION OF THIS SECTION WHO 14

IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJECT TO THE PROCEDURES AND 15

DISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 16

(O) A CITATION FOR A VIOLATION OF THIS SECTION AND THE OFFICIAL 17

RECORD OF A COURT REGARDING THE CITATION ARE NOT SUBJECT TO PUBLIC 18

INSPECTION AND MAY NOT BE INCLUDED ON THE PUBLIC WEBSITE MAINTAINED BY 19

THE MARYLAND JUDICIARY IF: 20

(1) THE DEFENDANT HAS PREPAID THE FINE OR PERFORMED THE 21

COMMUNITY SERVICE; 22

(2) THE DEFENDANT HAS PLED GUILTY TO OR BEEN FOUND GUILTY 23

OF THE CODE VIOLATION AND HAS FULLY PAID THE FINE OR PERFORMED THE 24

COMMUNITY SERVICE AND COSTS IMPOSED FOR THE VIOLATION; 25

(3) THE DEFENDANT HAS RECEIVED A PROBATION BEFORE 26

JUDGMENT AND HAS FULLY PAID THE FINE OR PERFORMED THE COMMUNITY 27

SERVICE AND COMPLETED ANY TERMS IMPOSED BY THE COURT; 28

(4) THE CASE HAS BEEN REMOVED FROM THE STET DOCKET AFTER 29

THE DEFENDANT FULLY PAID THE FINE AND COMPLETED ANY TERMS IMPOSED BY 30

THE COURT; 31

HOUSE BILL 32 21

(5) THE STATE HAS ENTERED A NOLLE PROSEQUI; 1

(6) THE DEFENDANT HAS BEEN FOUND NOT GUILTY OF THE CHARGE; 2

OR 3

(7) THE CHARGE HAS BEEN DISMISSED. 4

5–601.3. 5

(A) A PERSON MAY NOT CULTIVATE CANNABIS PLANTS IN A MANNER THAT 6

IS CONTRARY TO THIS SECTION. 7

(B) CANNABIS PLANTS MAY NOT BE CULTIVATED IN A LOCATION WHERE 8

THE PLANTS ARE SUBJECT TO PUBLIC VIEW, INCLUDING A VIEW FROM ANOTHER 9

PRIVATE PROPERTY, WITHOUT THE USE OF BINOCULARS, AIRCRAFT, OR OTHER 10

OPTICAL AIDS. 11

(C) (1) IN THIS SUBSECTION, “REASONABLE PRECAUTIONS” INCLUDES 12

CULTIVATING CANNABIS IN AN ENCLOSED LOCKED SPACE TO WHICH PERSONS 13

UNDER THE AGE OF 21 YEARS DO NOT POSSESS A KEY. 14

(2) A PERSON WHO CULTIVATES CANNABIS SHALL TAKE REASONABLE 15

PRECAUTIONS TO ENSURE THE PLANTS ARE SECURE FROM UNAUTHORIZED ACCESS 16

AND ACCESS BY A PERSON UNDER THE AGE OF 21 YEARS. 17

(D) CANNABIS CULTIVATION MAY OCCUR ONLY ON PROPERTY LAWFULLY IN 18

POSSESSION OF THE CULTIVATOR OR WITH THE CONSENT OF THE PERSON IN 19

LAWFUL POSSESSION OF THE PROPERTY. 20

(E) (1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CIVIL 21

OFFENSE PUNISHABLE BY A FINE NOT EXCEEDING $750. 22

(2) A PERSON WHO IS FOUND RESPONSIBLE FOR A CIVIL OFFENSE 23

UNDER THIS SECTION MAY REQUEST, AND SHALL BE GRANTED, A PENALTY OF UP TO 24

50 HOURS OF COMMUNITY SERVICE IN LIEU OF A FINE. 25

(F) A POLICE OFFICER SHALL ISSUE A CITATION TO A PERSON WHO THE 26

POLICE OFFICER HAS PROBABLE CAUSE TO BELIEVE HAS COMMITTED A VIOLATION 27

OF THIS SECTION. 28

(G) (1) A VIOLATION OF THIS SECTION IS A CIVIL OFFENSE. 29

(2) ADJUDICATION OF A VIOLATION UNDER THIS SECTION: 30

22 HOUSE BILL 32

(I) IS NOT A CRIMINAL CONVICTION FOR ANY PURPOSE; AND 1

(II) DOES NOT IMPOSE ANY OF THE CIVIL DISABILITIES THAT 2

MAY RESULT FROM A CRIMINAL CONVICTION. 3

(H) (1) A CITATION ISSUED FOR A VIOLATION OF THIS SECTION SHALL BE 4

SIGNED BY THE POLICE OFFICER WHO ISSUES THE CITATION AND SHALL CONTAIN: 5

(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PERSON 6

CHARGED; 7

(II) THE DATE AND TIME THAT THE VIOLATION OCCURRED; 8

(III) THE LOCATION AT WHICH THE VIOLATION OCCURRED; 9

(IV) THE FINE OR AMOUNT OF COMMUNITY SERVICE THAT MAY 10

BE IMPOSED; 11

(V) A NOTICE STATING THAT PREPAYMENT OF THE FINE IS 12

ALLOWED, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION; AND 13

(VI) A NOTICE IN BOLDFACE TYPE THAT STATES THAT THE 14

PERSON SHALL: 15

1. PAY THE FULL AMOUNT OF THE PRESET FINE; 16


OR 18

3. REQUEST A TRIAL AT THE DATE, TIME, AND PLACE 19

ESTABLISHED BY THE DISTRICT COURT BY WRIT OR TRIAL NOTICE. 20

(2) IF A CITATION FOR A VIOLATION OF THIS SECTION IS ISSUED TO A 21

PERSON UNDER THE AGE OF 21 YEARS, THE COURT SHALL SUMMON THE PERSON 22

FOR TRIAL. 23

(I) THE FORM OF THE CITATION SHALL BE UNIFORM THROUGHOUT THE 24

STATE AND SHALL BE PRESCRIBED BY THE DISTRICT COURT. 25

(J) (1) THE CHIEF JUDGE OF THE DISTRICT COURT SHALL ESTABLISH A 26

SCHEDULE FOR THE PREPAYMENT OF THE FINE AND PROCEDURES FOR 27

INDIVIDUALS TO REQUEST AND BE GRANTED COMMUNITY SERVICE IN LIEU OF A 28

HOUSE BILL 32 23

FINE. 1

(2) PREPAYMENT OF A FINE OR ACCEPTANCE OF COMMUNITY 2

SERVICE IN LIEU OF A FINE SHALL BE CONSIDERED A PLEA OF GUILTY TO A CODE 3

VIOLATION. 4

(3) A PERSON UNDER THE AGE OF 21 YEARS MAY NOT PREPAY THE 5

FINE. 6

(K) (1) A PERSON MAY REQUEST A TRIAL BY SENDING A REQUEST FOR 7

TRIAL TO THE DISTRICT COURT IN THE JURISDICTION WHERE THE CITATION WAS 8

ISSUED WITHIN 30 DAYS AFTER THE ISSUANCE OF THE CITATION. 9

(2) IF A PERSON DOES NOT REQUEST A TRIAL, PREPAY THE FINE, OR 10

REQUEST COMMUNITY SERVICE IN LIEU OF A FINE WITHIN 30 DAYS AFTER THE 11

ISSUANCE OF THE CITATION, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 12



(L) THE ISSUING JURISDICTION SHALL FORWARD A COPY OF THE CITATION 15

AND A REQUEST FOR TRIAL TO THE DISTRICT COURT IN THE DISTRICT HAVING 16

VENUE. 17

(M) (1) THE FAILURE OF A DEFENDANT TO RESPOND TO A SUMMONS 18

DESCRIBED IN SUBSECTION (H)(2) OF THIS SECTION SHALL BE GOVERNED BY § 19

5–212 OF THE CRIMINAL PROCEDURE ARTICLE. 20

(2) IF A PERSON AT LEAST 21 YEARS OLD FAILS TO APPEAR AFTER 21

HAVING REQUESTED A TRIAL, THE COURT MAY IMPOSE THE MAXIMUM FINE OR 22



(N) IN ANY PROCEEDING FOR A CODE VIOLATION UNDER THIS SECTION: 25

(1) THE STATE HAS THE BURDEN TO PROVE THE GUILT OF THE 26

DEFENDANT BY A PREPONDERANCE OF THE EVIDENCE; 27

(2) THE COURT SHALL APPLY THE EVIDENTIARY STANDARDS AS 28

PRESCRIBED BY LAW OR RULE FOR THE TRIAL OF A CRIMINAL CASE; 29

(3) THE COURT SHALL ENSURE THAT THE DEFENDANT HAS RECEIVED 30

A COPY OF THE CHARGES AGAINST THE DEFENDANT AND THAT THE DEFENDANT 31

UNDERSTANDS THOSE CHARGES; 32

24 HOUSE BILL 32

(4) THE DEFENDANT IS ENTITLED TO CROSS–EXAMINE ALL 1

WITNESSES WHO APPEAR AGAINST THE DEFENDANT, TO PRODUCE EVIDENCE OR 2

WITNESSES ON BEHALF OF THE DEFENDANT, AND TO TESTIFY ON THE DEFENDANT’S 3

OWN BEHALF, IF THE DEFENDANT CHOOSES TO DO SO; 4

(5) THE DEFENDANT IS ENTITLED TO BE REPRESENTED BY COUNSEL 5

OF THE DEFENDANT’S CHOICE AND AT THE EXPENSE OF THE DEFENDANT; AND 6

(6) THE DEFENDANT MAY ENTER A PLEA OF GUILTY OR NOT GUILTY, 7

AND THE VERDICT OF THE COURT IN THE CASE SHALL BE: 8

(I) GUILTY OF A CODE VIOLATION; 9

(II) NOT GUILTY OF A CODE VIOLATION; OR 10

(III) PROBATION BEFORE JUDGMENT, IMPOSED BY THE COURT 11

IN THE SAME MANNER AND TO THE SAME EXTENT AS IS ALLOWED BY LAW IN THE 12

TRIAL OF A CRIMINAL CASE. 13

(O) (1) THE DEFENDANT IS LIABLE FOR THE COSTS OF THE 14

PROCEEDINGS IN THE DISTRICT COURT. 15

(2) THE COURT COSTS IN A CODE VIOLATION CASE UNDER THIS 16

SECTION IN WHICH COSTS ARE IMPOSED ARE $5. 17

(P) (1) THE STATE’S ATTORNEY FOR ANY COUNTY MAY PROSECUTE A 18

CODE VIOLATION UNDER THIS SECTION IN THE SAME MANNER AS PROSECUTION 19

FOR A VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 20

(2) IN A CODE VIOLATION CASE UNDER THIS SECTION, THE STATE’S 21

ATTORNEY MAY: 22

(I) ENTER A NOLLE PROSEQUI OR MOVE TO PLACE THE CASE ON 23

THE STET DOCKET; AND 24

(II) EXERCISE AUTHORITY IN THE SAME MANNER AS 25

PRESCRIBED BY LAW FOR VIOLATION OF THE CRIMINAL LAWS OF THE STATE. 26

(Q) A PERSON ISSUED A CITATION FOR A VIOLATION OF THIS SECTION WHO 27

IS UNDER THE AGE OF 18 YEARS SHALL BE SUBJECT TO THE PROCEDURES AND 28

DISPOSITIONS PROVIDED IN TITLE 3, SUBTITLE 8A OF THE COURTS ARTICLE. 29

HOUSE BILL 32 25

(R) A CITATION FOR A VIOLATION OF THIS SECTION AND THE OFFICIAL 1

RECORD OF A COURT REGARDING THE CITATION ARE NOT SUBJECT TO PUBLIC 2

INSPECTION AND MAY NOT BE INCLUDED ON THE PUBLIC WEBSITE MAINTAINED BY 3

THE MARYLAND JUDICIARY IF: 4

(1) THE DEFENDANT HAS PREPAID THE FINE OR PERFORMED THE 5

COMMUNITY SERVICE; 6

(2) THE DEFENDANT HAS PLED GUILTY TO OR BEEN FOUND GUILTY 7

OF THE CODE VIOLATION AND HAS FULLY PAID THE FINE OR PERFORMED THE 8

COMMUNITY SERVICE AND COSTS IMPOSED FOR THE VIOLATION; 9

(3) THE DEFENDANT HAS RECEIVED A PROBATION BEFORE 10

JUDGMENT AND HAS FULLY PAID THE FINE OR PERFORMED THE COMMUNITY 11

SERVICE AND COMPLETED ANY TERMS IMPOSED BY THE COURT; 12

(4) THE CASE HAS BEEN REMOVED FROM THE STET DOCKET AFTER 13

THE DEFENDANT FULLY PAID THE FINE AND COMPLETED ANY TERMS IMPOSED BY 14

THE COURT; 15

(5) THE STATE HAS ENTERED A NOLLE PROSEQUI; 16

(6) THE DEFENDANT HAS BEEN FOUND NOT GUILTY OF THE CHARGE; 17

OR 18

(7) THE CHARGE HAS BEEN DISMISSED. 19

5–612. 20

(a) [A] EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A person may not 21 manufacture, distribute, dispense, or possess: 22

(1) 50 pounds or more of [marijuana] CANNABIS; 23

(2) 448 grams or more of cocaine; 24

(3) 448 grams or more of any mixture containing a detectable amount, as 25

scientifically measured using representative sampling methodology, of cocaine; 26

(4) 448 grams or more of cocaine base, commonly known as “crack”; 27

(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, 28

or salt of an isomer of morphine or opium; 29


26 HOUSE BILL 32

scientifically measured using representative sampling methodology, of morphine or opium 1

or any derivative, salt, isomer, or salt of an isomer of morphine or opium; 2

(7) 5 grams or more of fentanyl or any structural variation of fentanyl that 3

is scheduled by the United States Drug Enforcement Administration; 4


scientifically measured using representative sampling methodology, of fentanyl or any 6

structural variation of fentanyl that is scheduled by the United States Drug Enforcement 7

Administration; 8

(9) 1,000 dosage units or more of lysergic acid diethylamide; 9

(10) any mixture containing the equivalent of 1,000 dosage units of lysergic 10

acid diethylamide; 11

(11) 16 ounces or more of phencyclidine in liquid form; 12


scientifically measured using representative sampling methodology, of phencyclidine; 14

(13) 448 grams or more of methamphetamine; or 15


scientifically measured using representative sampling methodology, of methamphetamine. 17

(b) For the purpose of determining the quantity of a controlled dangerous 18

substance involved in individual acts of manufacturing, distributing, dispensing, or 19

possessing under subsection (a) of this section, the acts may be aggregated if each of the 20

acts occurred within a 90–day period. 21

(c) (1) A person who is convicted of a violation of subsection (a) of this section 22

shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not 23

exceeding $100,000. 24

(2) The court may not suspend any part of the mandatory minimum 25

sentence of 5 years. 26

(3) Except as provided in § 4–305 of the Correctional Services Article, the 27

person is not eligible for parole during the mandatory minimum sentence. 28

5–614. 29

(a) (1) Unless authorized by law to possess the substance, a person may not 30

bring into the State: 31

(i) 45 kilograms or more of [marijuana] CANNABIS; 32

HOUSE BILL 32 27

(ii) 28 grams or more of cocaine; 1

(iii) any mixture containing 28 grams or more of cocaine; 2

(iv) 4 grams or more of morphine or opium or any derivative, salt, 3

isomer, or salt of an isomer of morphine or opium; 4

(v) 1,000 dosage units of lysergic acid diethylamide; 5

(vi) any mixture containing the equivalent of 1,000 dosage units of 6

lysergic acid diethylamide; 7

(vii) 28 grams or more of phencyclidine in liquid or powder form; 8

(viii) 112 grams or more of any mixture containing phencyclidine; 9

(ix) 1,000 dosage units or more of methaqualone; 10

(x) 28 grams or more of methamphetamine; 11

(xi) any mixture containing 28 grams or more of methamphetamine; 12

or 13

(xii) 4 grams or more of fentanyl or a fentanyl analogue. 14

(2) A person who violates this subsection is guilty of a felony and on 15

conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $50,000 16

or both. 17

(b) (1) Unless authorized by law to possess the [marijuana] CANNABIS, a 18 person may not bring into the State more than 5 kilograms but less than 45 kilograms of 19

[marijuana] CANNABIS. 20

(2) A person who violates this subsection is guilty of a felony and on 21

conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 22

or both. 23

5–619. 24

(c) (1) [This subsection does not apply to the use or possession of drug 25 paraphernalia involving the use or possession of marijuana. 26

(2)] Unless authorized under this title, a person may not use or possess with 27 intent to use drug paraphernalia to: 28

(i) plant, propagate, cultivate, grow, harvest, manufacture, 29

28 HOUSE BILL 32

compound, convert, produce, process, prepare, pack, repack, store, contain, or conceal a 1

controlled dangerous substance; or 2

(ii) inject, ingest, inhale, or otherwise introduce into the human body 3

a controlled dangerous substance. 4

[(3)] (2) A person who violates this subsection is guilty of a misdemeanor 5 and on conviction is subject to: 6

(i) for a first violation, a fine not exceeding $500; and 7

(ii) for each subsequent violation, imprisonment not exceeding 2 8

years or a fine not exceeding $2,000 or both. 9

[(4)](3) A person who is convicted of violating this subsection for the first 10 time and who previously has been convicted of violating subsection (d)(4) of this section is 11

subject to the penalty specified under paragraph [(3)(ii)] (2)(II) of this subsection. 12

5–620. 13

(a) Unless authorized under this title, a person may not: 14

(1) obtain or attempt to obtain controlled paraphernalia by: 15

(i) fraud, deceit, misrepresentation, or subterfuge; 16

(ii) counterfeiting a prescription or a written order; 17

(iii) concealing a material fact or the use of a false name or address; 18

(iv) falsely assuming the title of or representing to be a 19

manufacturer, distributor, or authorized provider; or 20

(v) making or issuing a false or counterfeit prescription or written 21

order; or 22

(2) possess or distribute controlled paraphernalia under circumstances 23

which reasonably indicate an intention to use the controlled paraphernalia for purposes of 24

illegally administering a controlled dangerous substance. 25

(b) Evidence of circumstances that reasonably indicate an intent to use controlled 26

paraphernalia to manufacture, administer, distribute, or dispense a controlled dangerous 27

substance unlawfully include the close proximity of the controlled paraphernalia to an 28

adulterant, diluent, or equipment commonly used to illegally manufacture, administer, 29

distribute, or dispense controlled dangerous substances, including: 30

(1) a scale; 31

HOUSE BILL 32 29

(2) a sieve; 1

(3) a strainer; 2

(4) a measuring spoon; 3

(5) staples; 4

(6) a stapler; 5

(7) a glassine envelope; 6

(8) a gelatin capsule; 7

(9) procaine hydrochloride; 8

(10) mannitol; 9

(11) lactose; 10

(12) quinine; and 11

(13) a controlled dangerous substance. 12

(c) Information that is communicated to a physician to obtain controlled 13

paraphernalia from the physician in violation of this subtitle is not a privileged 14

communication. 15

(d) [(1) Except as provided in paragraph (2) of this subsection, a] A person who 16 violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment 17

not exceeding 4 years or a fine not exceeding $25,000 or both. 18

[(2) A person who violates this section involving the use or possession of 19 marijuana is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 20

or both.] 21

5–629. 22

(A) A PERSON MAY NOT MANUFACTURE OR SELL CANNABIS ACCESSORIES 23

THAT VIOLATE HEALTH AND SAFETY REGULATIONS ADOPTED BY THE ALCOHOL AND 24

TOBACCO COMMISSION UNDER TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 25

(B) A PERSON WHO VIOLATES THIS SECTION: 26

(1) FOR A FIRST VIOLATION, IS GUILTY OF A CIVIL OFFENSE AND ON 27

30 HOUSE BILL 32

CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000; AND 1

(2) FOR A SECOND OR SUBSEQUENT VIOLATION, IS GUILTY OF A 2

MISDEMEANOR AND IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 180 DAYS OR A 3

FINE NOT EXCEEDING $5,000 OR BOTH. 4

5–630. 5

THE OFFENSES AND PENALTIES IN THIS SUBTITLE DO NOT APPLY TO 6

ACTIVITIES RELATED TO CANNABIS OR CANNABIS ACCESSORIES THAT ARE LEGAL 7

UNDER: 8

(1) TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE; OR 9

(2) TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 10

10–113. 11

An individual may not knowingly and willfully make a misrepresentation or false 12

statement as to the age of that individual or another to any person licensed to sell alcoholic 13

beverages OR CANNABIS or engaged in the sale of alcoholic beverages OR CANNABIS, for 14

the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic 15

beverage OR CANNABIS to an individual. 16

10–116. 17

An individual may not obtain, or attempt to obtain by purchase or otherwise, an 18

alcoholic beverage OR CANNABIS from any person licensed to sell alcoholic beverages OR 19

CANNABIS for consumption by another who the individual obtaining or attempting to 20

obtain the beverage OR CANNABIS knows is under the age of 21 years. 21

10–117. 22

(a) Except as provided in [subsection (c)] SUBSECTIONS (C) AND (D) of this 23

section, a person may not furnish an alcoholic beverage, CANNABIS, OR CANNABIS 24

ACCESSORIES AS DEFINED IN § 23–101 OF THE HEALTH – GENERAL ARTICLE to an 25 individual if: 26

(1) the person furnishing the alcoholic beverage, CANNABIS, OR 27

CANNABIS ACCESSORIES knows that the individual is under the age of 21 years; and 28

(2) the alcoholic beverage, CANNABIS, OR CANNABIS ACCESSORIES is 29 furnished for the purpose of consumption by the individual under the age of 21 years. 30

(b) Except as provided in subsection (c) of this section, an adult may not 31

HOUSE BILL 32 31

knowingly and willfully allow an individual under the age of 21 years actually to possess 1

or consume an alcoholic beverage OR CANNABIS at a residence, or within the curtilage of 2

a residence that the adult owns or leases and in which the adult resides. 3

(c) (1) The prohibition set forth in subsection (a) of this section does not apply 4

if [the] A person furnishing [the] AN alcoholic beverage and the individual to whom the 5 alcoholic beverage is furnished: 6

(i) are members of the same immediate family, and the alcoholic 7

beverage is furnished and consumed in a private residence or within the curtilage of the 8

residence; or 9

(ii) are participants in a religious ceremony. 10

(2) The prohibition set forth in subsection (b) of this section does not apply 11

if [the] AN adult allowing the possession or consumption of [the] AN alcoholic beverage and 12 the individual under the age of 21 years who possesses or consumes the alcoholic beverage: 13

(i) are members of the same immediate family, and the alcoholic 14

beverage is possessed and consumed in a private residence, or within the curtilage of the 15

residence, of the adult; or 16

(ii) are participants in a religious ceremony. 17

(d) THE PROHIBITIONS SET FORTH IN SUBSECTIONS (A) AND (B) OF THIS 18

SECTION DO NOT APPLY IN THE CASE OF AN INDIVIDUAL UNDER THE AGE OF 21 19

YEARS WHO IS ALLOWED TO POSSESS CANNABIS AND CANNABIS ACCESSORIES 20

UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE. 21

(E) A person may not violate subsection (a) or (b) of this section if the violation 22 involves an individual under the age of 21 years who: 23

(1) the person knew or reasonably should have known would operate a 24

motor vehicle after consuming the alcoholic beverage OR CANNABIS; and 25

(2) as a result of operating a motor vehicle while under the influence of 26

alcohol or while impaired by alcohol OR CANNABIS, causes serious physical injury or death 27

to the individual or another. 28

Article – Criminal Procedure 29

10–105.1. 30

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 31

INDICATED. 32

32 HOUSE BILL 32

(2) “AUTOMATIC EXPUNGEMENT” MEANS EXPUNGEMENT WITHOUT 1

THE FILING OF A PETITION OR PAYMENT OF A FEE BY THE PERSON WHO IS THE 2

SUBJECT OF THE RECORDS TO BE EXPUNGED. 3

(3) “PERSONAL USE AMOUNT” MEANS: 4

(I) AN AMOUNT OF CANNABIS THAT DOES NOT EXCEED 2 5

OUNCES; 6

(II) AN AMOUNT OF CONCENTRATED CANNABIS OR HASHISH 7

THAT DOES NOT EXCEED 15 GRAMS; OR 8

(III) SIX OR FEWER CANNABIS PLANTS. 9

(B) ALL COURT RECORDS AND POLICE RECORDS RELATING TO ANY 10

DISPOSITION OF A CHARGE OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE 11

CRIMINAL LAW ARTICLE INVOLVING A QUANTITY OF CANNABIS THAT DID NOT 12

EXCEED THE PERSONAL USE AMOUNT ENTERED BEFORE OCTOBER 1, 2022, WHERE 13

POSSESSION OF CANNABIS IS THE ONLY CHARGE IN THE CASE, SHALL BE 14

AUTOMATICALLY EXPUNGED ON OR BEFORE OCTOBER 1, 2022. 15

(C) NOTWITHSTANDING § 10–107 OF THIS SUBTITLE, ALL COURT RECORDS 16

AND POLICE RECORDS RELATING TO ANY DISPOSITION OF A CHARGE OF POSSESSION 17

OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A 18

QUANTITY OF CANNABIS THAT DID NOT EXCEED THE PERSONAL USE AMOUNT 19

ENTERED BEFORE OCTOBER 1, 2022, WHERE THE DEFENDANT WAS ALSO CHARGED 20

WITH ONE OR MORE OTHER CRIMES IN THE SAME CASE, REGARDLESS OF THE 21

DISPOSITION OF THE OTHER CHARGE OR CHARGES, SHALL BE AUTOMATICALLY 22

EXPUNGED ON OR BEFORE OCTOBER 1, 2023. 23

(D) WITH REGARD TO ANY DISPOSITION OF A CHARGE OF POSSESSION OF 24

CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE INVOLVING A QUANTITY 25

OF CANNABIS THAT DID NOT EXCEED THE PERSONAL USE AMOUNT ENTERED ON OR 26

AFTER OCTOBER 1, 2021, OR A CIVIL CHARGE UNDER § 5–601.1 OR § 5–601.2 OF THE 27

CRIMINAL LAW ARTICLE, NOTWITHSTANDING § 10–107 OF THIS SUBTITLE: 28

(1) THE COURT WITH JURISDICTION OVER THE CASE SHALL INITIATE 29

EFFORTS TO AUTOMATICALLY EXPUNGE ALL COURT RECORDS AND POLICE 30

RECORDS RELATING TO THE CHARGE 1 YEAR AFTER DISPOSITION OF THE CHARGE; 31

AND 32

(2) EXPUNGEMENT OF COURT RECORDS AND POLICE RECORDS 33

RELATING TO THE CHARGE SHALL BE COMPLETED ON OR BEFORE 1 YEAR AND 90 34

HOUSE BILL 32 33

DAYS AFTER DISPOSITION. 1

10–105.2. 2

(A) IN THIS SECTION, “PERSONAL USE AMOUNT” MEANS: 3

(1) AN AMOUNT OF CANNABIS THAT DOES NOT EXCEED 2 OUNCES; 4

(2) AN AMOUNT OF CONCENTRATED CANNABIS OR HASHISH THAT 5

DOES NOT EXCEED 15 GRAMS; OR 6

(3) SIX OR FEWER CANNABIS PLANTS. 7

(B) (1) THE LEGALIZATION OF POSSESSION AND CULTIVATION OF A 8

PERSONAL USE AMOUNT OF CANNABIS BY PERSONS 21 YEARS OF AGE OR OLDER 9

UNDER TITLE 23 OF THE HEALTH – GENERAL ARTICLE IS RETROACTIVE. 10

(2) ALL CHARGES PENDING ON OCTOBER 1, 2021, FOR POSSESSION 11

OR CULTIVATION OF A PERSONAL USE AMOUNT OF CANNABIS BY A PERSON WHO IS 12

21 YEARS OF AGE OR OLDER SHALL BE DISMISSED. 13

(3) (I) A PERSON INCARCERATED OR UNDER SUPERVISION ON OR 14

AFTER OCTOBER 1, 2021, FOR AN OFFENSE INVOLVING THE POSSESSION OR 15

CULTIVATION OF A PERSONAL USE AMOUNT OF CANNABIS MAY PRESENT AN 16

APPLICATION FOR RELEASE TO THE COURT THAT SENTENCED THE PERSON. 17

(II) 1. THE COURT SHALL GRANT THE PETITION AND 18

VACATE THE CONVICTION. 19

2. IF THE PERSON IS NOT SERVING A CONCURRENT OR 20

CONSECUTIVE SENTENCE FOR ANOTHER OFFENSE, THE PERSON SHALL BE 21

RELEASED FROM INCARCERATION OR SUPERVISION. 22

(C) (1) A PERSON INCARCERATED OR UNDER SUPERVISION ON OCTOBER 23

1, 2021, FOR AN OFFENSE INVOLVING THE POSSESSION, CULTIVATION, PROCESSING, 24

OR SALE OF CANNABIS MAY PRESENT AN APPLICATION FOR RESENTENCING TO THE 25

COURT THAT SENTENCED THE PERSON REGARDLESS OF WHETHER THE PERSON HAS 26

PREVIOUSLY FILED A PETITION FOR RESENTENCING. 27

(2) THE COURT SHALL CONSIDER THE INDIVIDUAL CIRCUMSTANCES 28

OF EACH CASE AND SHALL REDUCE THE APPLICANT’S SENTENCE IF THE COURT 29

FINDS THAT DOING SO WOULD BE IN THE INTERESTS OF JUSTICE, IN LIGHT OF THE 30

ELIMINATION AND REDUCTION IN PENALTIES ASSOCIATED WITH 31

34 HOUSE BILL 32

CANNABIS–RELATED CONDUCT AND PAST RACIAL DISPARITIES IN THE 1

ENFORCEMENT OF CANNABIS LAWS. 2

(3) THE SENTENCE OF THE APPLICANT MAY NOT BE INCREASED AT A 3

PROCEEDING DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION. 4

(D) (1) A PERSON PREVIOUSLY CONVICTED OF AN OFFENSE INVOLVING 5

THE POSSESSION, CULTIVATION, PROCESSING, OR SALE OF CANNABIS NOT LISTED 6

IN § 10–105.1 OF THIS SUBTITLE WHO IS NOT INCARCERATED OR UNDER 7

SUPERVISION AT THE TIME OF THE PETITION MAY PRESENT AN APPLICATION FOR 8

EXPUNGEMENT TO THE COURT. 9

(2) THE COURT SHALL CONSIDER THE INDIVIDUAL CIRCUMSTANCES 10

OF A CASE DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION AND SHALL 11

EXPUNGE THE APPLICANT’S RECORD IF THE COURT FINDS THAT DOING SO WOULD 12

BE IN THE INTERESTS OF JUSTICE, IN LIGHT OF THE ELIMINATION AND REDUCTION 13

IN PENALTIES ASSOCIATED WITH CANNABIS–RELATED CONDUCT AND PAST RACIAL 14

DISPARITIES IN THE ENFORCEMENT OF CANNABIS LAWS. 15

(E) (1) ANY INDIVIDUAL PETITIONING FOR RELEASE OR RESENTENCING 16

IN ACCORDANCE WITH SUBSECTION (B) OR (C) OF THIS SECTION IS ELIGIBLE FOR 17

REPRESENTATION BY THE OFFICE OF THE PUBLIC DEFENDER. 18

(2) ON AND AFTER JANUARY 1, 2023, ANY INDIVIDUAL PETITIONING 19

FOR EXPUNGEMENT UNDER SUBSECTION (D) OF THIS SECTION IS ELIGIBLE FOR 20

REPRESENTATION BY THE OFFICE OF THE PUBLIC DEFENDER. 21

(F) (1) IN A PROCEEDING BROUGHT UNDER THIS SECTION, THE STATE’S 22

ATTORNEY SHALL RECEIVE NOTICE AND MAY BE HEARD. 23

(2) IN A FACTUAL DISPUTE WITHIN A PROCEEDING UNDER THIS 24

SECTION, THE PROSECUTION SHALL BEAR THE BURDEN OF PROOF BY A 25

PREPONDERANCE OF THE EVIDENCE. 26

(3) IF THE STATE’S ATTORNEY DOES NOT REQUEST TO BE HEARD IN 27

A PROCEEDING UNDER THIS SECTION, THE COURT SHALL MAKE ALL FACTUAL 28

DETERMINATIONS BASED ON A PREPONDERANCE OF THE EVIDENCE. 29

(G) FUNDS SHALL BE ALLOCATED BY THE COMMISSION FROM THE 30

CANNABIS REGULATION FUND TO COVER THE COST TO THE OFFICE OF THE PUBLIC 31

DEFENDER, STATE’S ATTORNEY’S OFFICES, AND COURTS, AS PART OF THE COST OF 32

ADMINISTERING TITLE 23 OF THE HEALTH – GENERAL ARTICLE. 33

HOUSE BILL 32 35

(H) IF A NONCITIZEN REQUESTS IN WRITING TO THE CLERK’S OFFICE 1

RECORDS RELATED TO AN OFFENSE LISTED IN SUBSECTION (B), (C), OR (D) OF THIS 2

SECTION FOR IMMIGRATION PURPOSES, THOSE RECORDS SHALL BE PROVIDED IF 3

AVAILABLE, OR A STATEMENT SHALL BE PROVIDED THAT NO RECORDS CAN BE 4

FOUND, WITHIN 30 DAYS AFTER THE REQUEST. 5

Article – Health – General 6

TITLE 23. CANNABIS. 7

SUBTITLE 1. DEFINITIONS. 8

23–101. 9

(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10

INDICATED. 11

(B) “AFRICAN AMERICAN” MEANS AN INDIVIDUAL WHO HAS ORIGIN IN ANY 12

OF THE BLACK RACIAL GROUPS OF AFRICA. 13

(C) (1) “AMERICAN INDIAN/NATIVE AMERICAN” MEANS AN INDIVIDUAL 14

WHO: 15

(I) HAS ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF NORTH 16

AMERICA; AND 17

(II) IS A DOCUMENTED MEMBER OF A NORTH AMERICAN TRIBE, 18

BAND, OR OTHER ENTITY HAVING A SPECIAL RELATIONSHIP WITH THE UNITED 19

STATES OR A STATE THROUGH TREATY, AGREEMENT, OR SOME OTHER FORM OF 20

RECOGNITION. 21

(2) “AMERICAN INDIAN/NATIVE AMERICAN” INCLUDES AN 22

INDIVIDUAL WHO: 23

(I) CLAIMS TO BE AN AMERICAN INDIAN/NATIVE AMERICAN; 24

AND 25

(II) IS REGARDED AS AN AMERICAN INDIAN/NATIVE AMERICAN 26

BY THE AMERICAN INDIAN/NATIVE AMERICAN COMMUNITY OF WHICH THE 27

INDIVIDUAL CLAIMS TO BE A PART. 28

(3) “AMERICAN INDIAN/NATIVE AMERICAN” DOES NOT INCLUDE AN 29

INDIVIDUAL OF ESKIMO OR ALEUTIAN ORIGIN. 30

36 HOUSE BILL 32

(D) “ASIAN” MEANS AN INDIVIDUAL WHO: 1

(1) HAS ORIGINS IN THE FAR EAST, SOUTHEAST ASIA, OR THE 2

INDIAN SUBCONTINENT; AND 3

(2) IS REGARDED AS ASIAN BY THE COMMUNITY OF WHICH THE 4


(E) (1) “CANNABIS” MEANS THE PLANT CANNABIS SATIVA L. AND ANY 6

PART OF THE PLANT, INCLUDING ALL DERIVATIVES, EXTRACTS, CANNABINOIDS, 7

ISOMERS, ACIDS, SALTS, AND SALTS OF ISOMERS, WHETHER GROWING OR NOT, WITH 8

A DELTA–9 TETRAHYDROCANNABINOL CONCENTRATION GREATER THAN 0.3% ON A 9

DRY WEIGHT BASIS. 10

(2) “CANNABIS” DOES NOT INCLUDE HEMP AS DEFINED IN § 14–101 11

OF THE AGRICULTURE ARTICLE. 12

(F) “CANNABIS ACCESSORIES” MEANS ANY EQUIPMENT, PRODUCTS, OR 13

MATERIALS OF ANY KIND THAT ARE USED, INTENDED FOR USE, OR DESIGNED FOR 14

USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, 15

COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING, 16

PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING, 17

STORING, VAPORIZING, OR CONTAINING CANNABIS, OR FOR INGESTING, INHALING, 18

OR OTHERWISE INTRODUCING CANNABIS INTO THE HUMAN BODY. 19

(G) “CANNABIS EDUCATION AND TRAINING FUND ” MEANS THE CANNABIS 20

EDUCATION AND TRAINING FUND ESTABLISHED UNDER § 23–203 OF THIS TITLE. 21

(H) “CANNABIS ESTABLISHMENT” MEANS A CULTIVATOR, A DELIVERY 22

SERVICE, A PROCESSOR, A RETAILER, AN INDEPENDENT TESTING LABORATORY, A 23

TRANSPORTER, A DUAL LICENSE HOLDER, AN ON–SITE CONSUMPTION 24

ESTABLISHMENT, OR ANY OTHER TYPE OF CANNABIS BUSINESS LICENSED UNDER 25

THIS TITLE AND AUTHORIZED BY THE COMMISSION. 26

(I) “CANNABIS ESTABLISHMENT AGENT” OR “AGENT” MEANS AN 27

EMPLOYEE OR OTHER AUTHORIZED PERSON WHO ACTS FOR OR AT THE DIRECTION 28

OF A CANNABIS ESTABLISHMENT. 29

(J) “CANNABIS PRODUCTS” MEANS PRODUCTS THAT ARE COMPOSED OF 30

CANNABIS, CANNABIS CONCENTRATE, OR CANNABIS EXTRACT AND OTHER 31

INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, INCLUDING EDIBLE 32

PRODUCTS, OINTMENTS, AND TINCTURES. 33

HOUSE BILL 32 37

(K) “COMMISSION” MEANS THE ALCOHOL AND TOBACCO COMMISSION OR 1

ITS SUCCESSOR AGENCY. 2

(L) “COMMUNITY REINVESTMENT AND REPAIR FUND” MEANS THE 3

COMMUNITY REINVESTMENT AND REPAIR FUND ESTABLISHED UNDER § 23–204 OF 4

THIS TITLE. 5

(M) “CONSUMER” MEANS AN INDIVIDUAL 21 YEARS OF AGE OR OLDER WHO 6

PURCHASES CANNABIS OR CANNABIS PRODUCTS FOR PERSONAL USE BY 7

INDIVIDUALS 21 YEARS OF AGE OR OLDER. 8

(N) “CULTIVATOR” MEANS AN ENTITY LICENSED UNDER THIS TITLE THAT: 9

(1) CULTIVATES OR PACKAGES CANNABIS; AND 10

(2) IS AUTHORIZED BY THE COMMISSION TO PROVIDE CANNABIS TO 11

OTHER CANNABIS ESTABLISHMENTS. 12

(O) “DELIVERY SERVICE” MEANS AN ENTITY LICENSED UNDER THIS TITLE 13

THAT IS AUTHORIZED BY THE COMMISSION TO DELIVER CANNABIS TO CONSUMERS. 14

(P) “DISADVANTAGED EQUITY APPLICANT” MEANS AN APPLICANT WHO: 15

(1) IS A MEMBER OF ANY OF THE FOLLOWING MINORITY GROUPS: 16

(I) AFRICAN AMERICAN; 17

(II) AMERICAN INDIAN/NATIVE AMERICAN; 18

(III) ASIAN; 19

(IV) HISPANIC; OR 20

(V) WOMEN, REGARDLESS OF RACE OR ETHNICITY; AND 21

(2) MEETS ONE OF THE FOLLOWING REQUIREMENTS: 22

(I) HAS A PERSONAL NET WORTH THAT DOES NOT EXCEED 23

$1,713,333, AS ADJUSTED ANNUALLY FOR INFLATION ACCORDING TO THE 24

CONSUMER PRICE INDEX; OR 25

(II) IS A DISADVANTAGED OWNER OF A CERTIFIED MINORITY 26

BUSINESS ENTERPRISE, AS DEFINED IN §14–301 OF THE STATE FINANCE AND 27

38 HOUSE BILL 32

PROCUREMENT ARTICLE. 1

(Q) “DISPROPORTIONATELY IMPACTED AREA” MEANS A GEOGRAPHIC 2

AREA, AS IDENTIFIED BY THE OFFICE OF SOCIAL EQUITY, THAT: 3

(1) MEETS THREE OR MORE OF THE FOLLOWING CRITERIA: 4

(I) HAS A MEDIAN INCOME THAT IS 80% OR LESS OF THE 5

AVERAGE MEDIAN HOUSEHOLD INCOME IN THE STATE; 6

(II) HAS AN UNEMPLOYMENT RATE THAT IS AT LEAST 150% OF 7

THE UNEMPLOYMENT RATE IN THE STATE; 8

(III) HAS A HEALTH UNINSURED RATE THAT IS AT LEAST 150% 9

OF THE HEALTH UNINSURED RATE IN THE STATE; 10

(IV) HAS A FOOD STAMP OR SUPPLEMENTAL NUTRITION 11

ASSISTANCE PLAN RATE THAT IS AT LEAST 150% OF THE FOOD STAMP OR 12

SUPPLEMENTAL NUTRITION ASSISTANCE PLAN RATE IN THE STATE; OR 13

(V) HAS A POVERTY RATE THAT IS AT LEAST 150% OF THE 14

POVERTY RATE IN THE STATE; AND 15

(2) HAS BEEN IMPACTED BY HIGH RATES OF ARREST, CONVICTION, 16

AND INCARCERATION FOR CANNABIS POSSESSION. 17

(R) “DUAL LICENSE” MEANS A LICENSE ISSUED BY THE COMMISSION TO AN 18

ENTITY THAT IS ALSO LICENSED AS A MEDICAL CANNABIS DISPENSARY, MEDICAL 19

CANNABIS PROCESSOR, MEDICAL CANNABIS INDEPENDENT TESTING LABORATORY, 20

OR MEDICAL CANNABIS GROWER. 21

(S) “HISPANIC” MEANS AN INDIVIDUAL WHO 22

(1) HAS ORIGINS IN MEXICO, PUERTO RICO, CUBA, CENTRAL OR 23

SOUTH AMERICA, OR ANOTHER SPANISH CULTURE OR ORIGIN, REGARDLESS OF 24

RACE; AND 25

(2) IS REGARDED AS HISPANIC BY THE COMMUNITY OF WHICH THE 26


(T) “INDEPENDENT TESTING LABORATORY” MEANS A FACILITY, AN ENTITY, 28

OR A SITE THAT OFFERS OR PERFORMS TESTS RELATED TO THE INSPECTION AND 29

TESTING OF CANNABIS AND PRODUCTS CONTAINING CANNABIS. 30

HOUSE BILL 32 39

(U) “LOCALITY” MEANS A COUNTY, MUNICIPAL CORPORATION, OR 1

ANOTHER POLITICAL SUBDIVISION OF THE STATE. 2

(V) “MEDICAL CANNABIS DISPENSARY” MEANS A DISPENSARY LICENSED 3

UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 4

(W) “MEDICAL CANNABIS GROWER” MEANS A GROWER LICENSED UNDER 5

TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 6

(X) “MEDICAL CANNABIS INDEPENDENT TESTING LABORATORY” MEANS AN 7

INDEPENDENT TESTING LABORATORY LICENSED UNDER TITLE 13, SUBTITLE 33 OF 8

THIS ARTICLE. 9

(Y) “MEDICAL CANNABIS PROCESSOR” MEANS A PROCESSOR LICENSED 10

UNDER TITLE 13, SUBTITLE 33 OF THIS ARTICLE. 11

(Z) “ON–SITE CONSUMPTION ESTABLISHMENT” MEANS: 12

(1) AN ENTITY LICENSED UNDER THIS TITLE AND AUTHORIZED BY 13

THE COMMISSION AND THE LOCALITY IN WHICH IT IS LOCATED TO SELL CANNABIS 14

OR CANNABIS PRODUCTS FOR ON–SITE CONSUMPTION; OR 15

(2) AN ENTITY LICENSED TO ALLOW CONSUMERS TO BRING 16

PERSONALLY OWNED CANNABIS OR CANNABIS PRODUCTS FOR ON–SITE 17

CONSUMPTION. 18

(AA) “PERSONAL USE AMOUNT” MEANS: 19

(1) (I) AN AMOUNT OF CANNABIS THAT DOES NOT EXCEED 2 20

OUNCES; 21

(II) AN AMOUNT OF CONCENTRATED CANNABIS THAT DOES NOT 22

EXCEED 15 GRAMS; 23

(III) AN AMOUNT OF CANNABIS PRODUCTS CONTAINING 24

DELTA–9 TETRAHYDROCANNABINOL THAT DOES NOT EXCEED 1,500 MILLIGRAMS; 25

OR 26

(IV) SIX OR FEWER CANNABIS PLANTS; OR 27

(2) ANY ADDITIONAL CANNABIS PRODUCED BY AN INDIVIDUAL’S 28

CANNABIS PLANT OR PLANTS, IF THE AMOUNT OF CANNABIS IN EXCESS OF THE 29

40 HOUSE BILL 32

AMOUNTS LISTED IN ITEM (1)(I), (II), OR (III) OF THIS SUBSECTION IS POSSESSED IN 1

A LOCATION: 2

(I) WHERE THE PLANT OR PLANTS WERE CULTIVATED; AND 3

(II) THAT IS SECURE FROM UNAUTHORIZED ACCESS AND 4

ACCESS BY AN INDIVIDUAL WHO IS UNDER THE AGE OF 21 YEARS. 5

(BB) “PROCESSOR” MEANS AN ENTITY LICENSED UNDER THIS TITLE AND 6

AUTHORIZED BY THE COMMISSION TO: 7

(1) TRANSFORM CANNABIS INTO ANOTHER PRODUCT OR EXTRACT; 8

AND 9

(2) PACKAGE AND LABEL CANNABIS. 10

(CC) (1) “PUBLIC PLACE” MEANS ANY PLACE TO WHICH THE GENERAL 11

PUBLIC HAS ACCESS. 12

(2) “PUBLIC PLACE” DOES NOT INCLUDE AN ON–SITE CONSUMPTION 13

ESTABLISHMENT. 14

(DD) “REMUNERATION” MEANS A THING OF VALUE, INCLUDING MONETARY 15

PAYMENT, A DONATION, THE PROVISION OF A SERVICE, THE PURCHASE OF AN ITEM 16

AT ABOVE FAIR MARKET VALUE, OR THE TRADE OF A PHYSICAL ITEM OF VALUE. 17

(EE) “RETAILER” MEANS AN ENTITY LICENSED TO: 18

(1) PURCHASE CANNABIS FROM CANNABIS ESTABLISHMENTS; AND 19

(2) SELL CANNABIS AND CANNABIS PRODUCTS TO CONSUMERS. 20

(FF) “SOCIAL EQUITY APPLICANT” MEANS AN APPLICANT FOR A CANNABIS 21

ESTABLISHMENT LICENSE THAT HAS: 22

(1) AT LEAST 51% OWNERSHIP AND CONTROL BY ONE OR MORE 23

STATE RESIDENTS WHO HAVE RESIDED FOR AT LEAST 5 OF THE IMMEDIATELY 24

PRECEDING 10 YEARS IN A DISPROPORTIONATELY IMPACTED AREA; 25

(2) AT LEAST 51% OWNERSHIP AND CONTROL BY ONE OR MORE 26

STATE RESIDENTS WHO HAVE BEEN ARRESTED FOR, CONVICTED OF, OR FOUND 27

RESPONSIBLE IN JUVENILE COURT FOR ANY OFFENSE THAT IS ELIGIBLE FOR 28

EXPUNGEMENT UNDER § 10–105.1 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 29

HOUSE BILL 32 41

MEMBERS OF IMPACTED FAMILIES; 1

(3) A MINIMUM OF 10 FULL–TIME EMPLOYEES, WITH AT LEAST 60% 2

OF EMPLOYEES WHO: 3

(I) AT THE TIME OF APPLICATION, RESIDE IN A 4

DISPROPORTIONATELY IMPACTED AREA; OR 5

(II) HAVE BEEN ARRESTED FOR, CONVICTED OF, OR FOUND 6

RESPONSIBLE IN JUVENILE COURT FOR ANY OFFENSE THAT IS ELIGIBLE FOR 7

EXPUNGEMENT UNDER § 10–105.1 OF THE CRIMINAL PROCEDURE ARTICLE, OR ARE 8

MEMBERS OF IMPACTED FAMILIES; OR 9

(4) AT LEAST 51% OWNERSHIP AND CONTROL OF ONE OR MORE 10

DISADVANTAGED EQUITY APPLICANTS. 11

(GG) “SOCIAL EQUITY START–UP FUND” MEANS THE SOCIAL EQUITY 12

START–UP FUND ESTABLISHED UNDER § 23–202 OF THIS TITLE. 13

(HH) “TRANSPORTER” MEANS AN ENTITY LICENSED UNDER THIS TITLE AND 14

AUTHORIZED BY THE COMMISSION TO TRANSPORT CANNABIS BETWEEN CANNABIS 15

ESTABLISHMENTS. 16

SUBTITLE 2. OFFICE OF SOCIAL EQUITY. 17

23–201. 18

(A) THERE IS AN OFFICE OF SOCIAL EQUITY WITHIN THE COMMISSION. 19

(B) (1) THE GOVERNOR SHALL APPOINT AN EXECUTIVE DIRECTOR OF 20

THE OFFICE OF SOCIAL EQUITY. 21

(2) THE EXECUTIVE DIRECTOR SHALL HAVE AT LEAST 5 YEARS OF 22

EXPERIENCE IN CIVIL RIGHTS ADVOCACY, CIVIL RIGHTS LITIGATION, OR SOCIAL 23

JUSTICE. 24

(C) THE OFFICE OF SOCIAL EQUITY SHALL: 25

(1) PROMOTE AND ENCOURAGE FULL PARTICIPATION IN THE 26

REGULATED CANNABIS INDUSTRY BY PEOPLE FROM COMMUNITIES THAT HAVE 27

PREVIOUSLY BEEN DISPROPORTIONATELY HARMED BY CANNABIS PROHIBITION 28

AND ENFORCEMENT IN ORDER TO POSITIVELY IMPACT THOSE COMMUNITIES; 29

42 HOUSE BILL 32

(2) ADMINISTER THE COMMUNITY REINVESTMENT AND REPAIR 1

FUND; 2

(3) ADMINISTER THE SOCIAL EQUITY START–UP FUND; 3

(4) ADVISE THE COMMISSION ON THE ADMINISTRATION OF THE 4

CANNABIS EDUCATION AND TRAINING FUND; 5

(5) ADVISE THE COMMISSION REGARDING REGULATIONS, 6

INCLUDING: 7

(I) ADVISING AGAINST IMPLEMENTING REGULATIONS AND 8

FINANCIAL REQUIREMENTS THAT UNNECESSARILY IMPOSE FINANCIAL BURDENS 9

THAT UNDERMINE THE PURPOSES OF THIS SECTION; AND 10

(II) PROVIDING RECOMMENDATIONS ON REGULATIONS 11

RELATED TO: 12

1. DIVERSITY; 13

2. SOCIAL EQUITY APPLICATIONS; AND 14

3. THE RACE TO THE TOP SCORING SYSTEM; 15

(6) WORK WITH THE COMMISSION TO IMPLEMENT FREE TECHNICAL 16

ASSISTANCE FOR SOCIAL EQUITY AND MINORITY BUSINESS APPLICANTS; 17

(7) PRODUCE REPORTS AND RECOMMENDATIONS ON DIVERSITY AND 18

EQUITY IN OWNERSHIP, MANAGEMENT, AND EMPLOYMENT IN THE LEGAL CANNABIS 19

ECONOMY; AND 20

(8) INVESTIGATE WHETHER BUSINESSES ARE ADHERING TO THEIR 21

OBLIGATIONS, INCLUDING THOSE UNDERTAKEN AS PART OF THE RACE TO THE TOP 22

SCORING SYSTEM, AND RECOMMEND CORRECTIVE ACTION OR DISCIPLINE IF THEY 23

FAIL TO DO SO, WHICH MAY INCLUDE A SUSPENSION OR REVOCATION OF LICENSES. 24

(D) ON OR BEFORE MARCH 1 EACH YEAR, THE OFFICE OF SOCIAL EQUITY 25

SHALL PRODUCE AND MAKE PUBLICLY AVAILABLE A REPORT ON HOW THE 26

COMMUNITY REINVESTMENT AND REPAIR FUND, SOCIAL EQUITY START–UP 27

FUND, AND CANNABIS EDUCATION AND TRAINING FUND WERE ALLOCATED DURING 28

THE IMMEDIATELY PRECEDING YEAR. 29

(E) (1) ON OR BEFORE NOVEMBER 1 EACH YEAR, THE OFFICE OF SOCIAL 30

HOUSE BILL 32 43

EQUITY SHALL SOLICIT PUBLIC INPUT ON THE USES OF THE COMMUNITY 1

REINVESTMENT AND REPAIR FUND, SOCIAL EQUITY START–UP FUND, AND 2

CANNABIS EDUCATION AND TRAINING FUND. 3

(2) ON OR BEFORE DECEMBER 15 EACH YEAR, THE OFFICE OF 4

SOCIAL EQUITY SHALL PUBLISH A REVIEW OF INPUT RECEIVED UNDER PARAGRAPH 5

house bill 32mgaleg.maryland.gov/2021rs/bills/hb/hb0032f.pdfhouse bill 32 3 1 by repealing and...

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